HomeMy WebLinkAbout16760 ORD - 12/16/1981✓ sp.11/10/81;lst
AN ORDINANCE
AMENDING ORDINANCE NO. 16543 WHICH AUTHORIZED AN
INDUSTRIAL DISTRICT AGREEMENT WITH WEATNERBV
TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO
AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY
THE COMPANY; AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance No. 16601 amended Ordinance No. 15898 to
authorize an alternate standard form industrial district agreement; and
WHEREAS, Weatherby Engineering Company
previously entered into an industrial district agreement and now desires to
execute an alternate standard form industrial district agreement in lieu
thereof:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Ordinance No. 16543 which authorized an
industrial district agreement with Weatherby Fnginaering Company
be and the same is hereby amended to sub-
stitute an alternate agreement, attached hereto as Exhibit "1", for the one
originally executed by the company.
SECTION 2. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency_due to the need for
efficient administration of City affairs by authorizing substitution of an
alternate industrial district agreement, as aforesaid, such finding of an
emergency is made and declared requiring suspension of the Charter rule as
to consideration and voting upon ordinances or resolutions at three regular
meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure this the 0 day of
1981.
ATTEST:
414:25 52f
ity Secretary
WITAPPROVED: A
OF yC�E%c..4-+-v- i% -41.s 1981
J. BRUCE AYCOCK, CITY ATTORNEY
THE CITY OF CORPUS CHRISTI, TEXAS
16760
SEP • a 1984
M I RL E1LMEa.
INDUSTRIAL DISTRICT AGREEMENT
THE STATE OF TEXAS 1
COUNTY OF NUECES I
CITY OF CORPUS CHRISTI II
This Agreement made and entered into by and between the•CITY OF CORPUS
CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter
called "City",and
(Landowner)�+
a corporation, ear++etEve, e,,NEec,,.,
a A S (Lessee)
corporation, and
EA-n-teREiy ,JUR! licjCO.
(Improvements Owner)
corporation, hereinafter collectively called "COMPANY",
WITNESSETH:
WHEREAS, it is the established policy of the City Council of the City
of Corpus Christi, Texas, to adopt reasonable measures permitted by law which
will tend to enhance the economic stability and growth of the City and its en-
virons and which will attract the location of new and expansion of existing
industries therein, and such policy is hereby reaffirmed and adopted by this
City Council as being in the best interest of the City and its citizens; and
WHEREAS, Company is the owner or lessee of land or owner of improve-
ments on land within the extraterritorial jurisdiction of the City of Corpus
Christi, which land shall, upon execution of this agreement by the City, be
known as "Corpus Christi Industrial District No.
and which land is more particularly described in Exhibit "A" attached hereto,
and incorporated herein for all purposes, herein called "said land" and upon
which Company has either constructed (and/or contemplates) the construction or
expansion of improvements; and
WHEREAS, pursuant to said policy and provisions of Article 970a,
Revised Civil Statutes of Texas, known as the Municipal Annexation Act, City
has enacted Ordinance No. 15898 indicating its willingness, within 90 days
after final passage of said ordinance, to enter into industrial district agree-
ments with industries located within its extraterritorial jurisdiction and
designating areas located in its extraterritorial jurisdiction as industrial
districts, herein collectively called "Districts" and Ordinance No. 15949
designating land areas as Corpus Christi Industrial Development Area No. 1 and
Corpus Christi Industrial Development Area No. 2; and
WHEREAS, City desire:to encourage the updating, expansion and growth
of industries within said Districts and for such purpose desires to enter into
this Agreement with Company:
NOW, THEREFORE, in consideration of the premises, the mutual agreements
of the parties herein contained and pursuant to the authority granted under the
Municipal Annexation Act and the Ordinance of City referred to above, City and
Company hereby agree as follows:
City covenants and agrees that during the term of this Agreement, and
subject to- the terms and provisions hereof, said land shall retain its extra-
territorial status,as..an industrial district and shall continue to retain such
status until and unless the same is changed pursuant to the terms of this Agree-
ment. Except as herein provided City further covenants and agrees that said
land shall be immune from annexation.
During the term hereof City shall have no obligation to extend to
said land any City services except fire protection in the event Company makes
additional payments to City under Article III(d) hereof, and such other City
services as are being provided to and paid for by Company on the date hereof.
Further, City and Company agree that during the term hereof, City
shall not require with respect to said land compliance with its rules or regu-.
lations (a) governing zoning and platting of said land or any additions thereto
outside the City limits; provided, however, Company further agrees that it will
in no way divide said land or additions thereto without complying with State
law and City ordinances governing subdivision of land; (b) prescribing any
building, electrical, -plumbing or inspection code or codes; or (c) prescribing --
any rules governing the method of operations of Company's business, except as
to those regulations relating to the delivery of utility services and industrial
waste disposal through City owned facilities.
II
The term of this Agreement shall begin on the first day of January.
1981, and shall continue until December 31, 1987, unless extended for additinnAl
period or periods of time upon mutual consent of Company and City as providkkJ h<
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the Municipal Annexation Act; provided, however, that in the event this Agreement
is not so extended for an additional period or periods of time on or before
March 31 of the final calendar year of the term hereof, then the immunity- from
annexation granted herein shall terminate on that date, but all other terms of
this Agreement shall remain in effect for the remainder of the term; provided,
however, the effective date and time of such annexation shall be no earlier than
midnight of December 31 of such final year of the term.
This Agreement may be extended for an additional period or periods by
agreement between City and Company and/or its assigns. In this connection, City
recognizes that industrial district agreements of this kind are conducive to the
development of existing and future industry and business and are to the best -
interest of all citizens of City. Accordingly, future City Councils are hereby
encouraged, but are.not obligated, to enter into industrial district agreements
and to extend existing industrial district agreements.
III
Each year during the term hereof, Company shall pay to City:
(a) An amount in lieu of taxes on said land (excluding improvements
and personal ptoperty located thereon)equal to one hundred percent (100%)of
the amount of ad valorem taxes based upon the market value of said land which
would otherwise be payable to City by Company if said land were situated within
the city limits of City.
With respect to any new land acquired by Compny_after January 1,
1981, located in the extraterritorial jurisdiction of City, and the use of which
relates directly to the primary use of the parent tract, such new land shall
be included in Company's land known as said land, and shall be considered in
calculating the in lieu of tax payment on said land as of January 1 of the first
•year following the .date which such. new land is acquired by Company. In addition, -
Company shall provide City a revised Exhibit "A" which includes a complete
description of such new land..
. (b) An amount in lieu of taxes on improvements (excluding personal
property) located on said land equal to fifty percent (50%) of the amount of
ad valorem taxes which would otherwise be payable to City by Company if said
improvements were situated on land within the city limits of City.
On or before March 31 of each year during the term of this Agree-
ment, Company shall provide to City's Tax Assessor -Collector a written statement
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of its opinion of the market value sworn to by an official of Company authorized
to do the same. -
(c) An additional amount for City fire protection equal to fifteen
percent (15%) of the amount which would be payable on 100% of assessed value of
improvements located in said land notwithstanding the provisions of paragraph
(b) above; provided, however, that if and as long as Company is a member in
good standing of the Refinery Terminal Fire Company, or its successor, it shall
not be obligated to pay the additional amount provided by this paragraph (c).
IV
Company agrees to pay to City on or before December 31 of each year
during the term hereof all payments in lieu of taxes provided for hereunder
without discount for early payment. The present ratio of ad valorem tax assess-
ment used by City is one hundred percent (100%) of the fair market value of -
property. Any change in such ratio used by City shall be reflected in any
subsequent computations hereunder. This Agreement and the method of determining
and fixing the amount of in lieu of taxes payments hereunder shall be subject to
all provisions of law relating to determinations of market value and taxation,'.
including, but not limited to, laws relating to rendition, assessment, equalizA-
tion and appeal.
V
In the event Company elects to protest the valuation set on any of
its properties by City for any year or years during the term hereof, it is
agreed that nothing in this Agreement shall preclude such -protest and Company -
shall have the right to take all legal steps desired by it to reduce the same
as if such property were located within the City. Notwithstanding any such
protest by Company, Company agrees to pay to City an initial in lieu of tax
payment on or before the date therefor hereinabove provided, at least the
amount of the payment in lieu of taxes on said land and improvements which
would be due by Company to City hereunder on the basis of renditions filed
by Company with City's Tax Assessor -Collector for that year or on the basis
of the assessment thereof for the last preceding year, whichever is higher.
When the valuation on said property has been finally determined, either as
the result of final judgment of a court of competent jurisdication or as the
result of other final settlement of the controversy, then within thirty (30)
days thereafter Company shall make to City an additional payment due based
on such final valuation. If as a result of final judgment of a court of
competent jurisdiction, or as the result of other final settlement of the
controversy, the valuation of Company's property is established as an amount
less than the amount used to compute the initial in lieu of tax payment for •
such year by Company, then within thirty (30) days thereafter City shall make
to Company any payment due based on the difference between the initial payment
and that which is computed based on the final settlement. •
VI
(a) In the event Company fails or refuses to comply with all or any
of the terms, conditions and obligations herein imposed upon the Company, then
this Agreement may be terminated at the option of City and/or the City may
elect to sue to recover any sum or sums remaining due hereunder or take any
other action which in the sole discretion of the City it deems best. In the
event the City elects to sue to recover any sum due under this Agreement, the
same penalties, interest, attorney's fees, and cost of collection shall be
recoverable by the City as would be in a suit to recover delinquent ad valorem
taxes.
(b) City shall be entitled to a tax lien on said land and improve-
ments,•in the event of default in payment of in lieu of tax payments hereunder,
which may be enforced by City in the same manner as provided by law for the
collection of delinquent ad valorem taxes.
(c) In the event City breaches this Agreement by annexing or attempting
to pass an ordinance annexing any of the said land, Company shall be entitled to
enjoin City from the date of its breach for the balance of the term of this Agree-
ment, from enforcing any annexation ordinance adopted in violation of•this Agree-
ment and from taking any further action in violation of this Agreement. If
Company elects to pursue this remedy, then so long as City specifically performs
its obligations hereunder, under injunctive order or otherwise, Company shall
continue to make the annual payments required by this Agreement.
VII
Company agrees to provide to City at Company's expense, a survey plat
and field note description of said land. With respect to Company's acquisition
of new land, as described in Article III(a) above, which becomes included in
said land, Company agrees to provide to City at Company's expense, a survey plat
and field note description of such new land.
VIII
If any attempt to annex any of said land owned, used, occupied, leased,
rented or possessed by Compaay, is made by another municipality, or if the
incorporation of any new municipality should be attempted so as to include within
its limits such land or property, the City shall seek a temporary and permanent
injunction against such annexation or incorporation, with the cooperation of
Company, and shall take such other legal action as may be necessary or advisable
under the circumstances. The cost of any such legal action shall be borne
equally by the parties hereto; provided, however, the fees'of any special legal
counsel shall be paid by the party retaining same.
In the event City and Company are unsuccessful in obtaining a temporary
injunction enjoining such attempted annexation or incorporation, Company shall
have the option of (1) terminating this Agreement, effective as of the date of
such annexation or incorporation, or (2) continuing to make the in lieu of taxes
payments required hereunder. Such option shall be exercised within thirty (30)
days after the application for such temporary injunction is denied. In the
event Company elects to continue such in lieu of taxes payments, the City shall
place future payments hereunder together with part of the payment for the cal-
endar year in which such annexation or incorporation is attempted, prorated to
the date such temporary injunction or relief is denied, in a separate interest-
bearing escrow account which shall be held by City subject to the following:
(a) In the event final judgment (after all appellate review, if any,
has been exhausted) is entered denying a permanent injunction and/or upholding
such annexation or incorporation, then all such payments and accrued interest
thereon shall be refunded to Company; or
(b) In the event final judgment (after all appellate review, if any,
has been exhausted) is entered granting a permanent injunction and/or invali-
dating such annexation or incorporation, then all such payments and accrued
interest thereon shall be retained for use by City.
IX
The benefits accruing to Company under this Agreement shall also
extend to Company's "affiliates" and to any properties presently owned or
acquired by said affiliates irithin the area described in Exhibit "A" to this
Agreement, and where reference is made herein to land, property and improve-
ments owned by Company, that shall also include land and improvements presently
owned by its affiliates. The word "affiliates" as used herein shall mean
(1) all companies with respect to which Company directly or indirectly, through
one or mere intermediaries at the time in question, owns or has the power to
exercise control over fifty percent (50%) or more of the stock having the right
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to vote for the election of directors; or (2) all corporations which are members
of a "controlled group of corporations" (as that term is defined in Section
1563(a) of the Internal Revenue Code of 1954, as amended) of which Company is
a member.
X
This Agreement shall inure to the benefit of and be binding upon City
and Company, and upon Company's successors and assigns, affiliates and subsidi-
aries, and shall remain in force whether Company sells, assigns, or in any other
manner disposes of, either voluntarily or by operations of law, all or any part
of said land, and the agreements herein contained shall be held to be covenants
running with said land for so long as this Agreement or any extension thereof
remain in force.
XI
(a) Whenever the Company sells a contiguous portion of said land
consisting of 20 acres or more to an ancillary industry which will be engaged
on the property in the further processing of the product of the Company or the
preparation of raw materials prior to their processing by the Company, then
platting of such property may be deferred under the following conditions:
(i) The seller shall submit for approval by the City Council
a site plan indicating the proposed water, sewer, drainage, access, and street
plans for said land.
(ii) Both the buyer and the seller shall enter into an agreement
with the City -requiring the platting of said land in the event the buyer's use
of the property materially changes from the permitted uses described above, or
if the Company's industrial district agreement terminates without extension.
The seller shall remain solely responsible for any payments in
lieu of taxes attributable to the buyer's holdings on the property unless the
buyer has entered into a supplemental industrial district contract -with the
City concerning such holdings.
(b) Whenever the Company properly plats, subdivides and conveys to a
buyer other than an affiliate a portion of the lands described in Exhibit "A".
Company shall furnish to the City's Tax Assessor -Collector a revised Exhibit "A",
which revised exhibit shall constitute an amendment to this Agreement, effective
for the calendar year next following the calendar year in which the conveyance
occurred. Seller ::hall remain solely responsible for any payments in lieu of
taxes for the calendar year in which the conveyance occurred. In the event the
_ompany improperly plats; subdivides or conveys a portion of the lands described
in Exhibit "A", Company shall remain solely responsible for any payments in lieu
of taxes applicable to such property, including improvements thereon, as if no
such conveyance had occurred.
XII
If City enters into an agreement with any other landowner, within
the extraterritorial jurisdiction of the City, engaged in a similar industry,
as classified by Major Group according to the Standard Industrial Classification
Manual(1) or enters into a renewal of any existing industrial district agreement
with an industry of the same classification, which contains in lieu of tax pay-
ment terms and provisions more favorable to such landowner than those in this
Agreement, Company and its assigns shall have the right to either terminate
this Agreement, or amend this Agreement to contain such more favorable in lieu
of tax payment terms and provisions.
I
XIII
In the event any one or more words, phrases, clauses, sentences,
paragraphs, sections, articles or other part of this Agreement or the appli-
cation thereof to any person, firm, corporation or circumstances shall ever
be held by any court of competent jurisdiction to be invalid or unconstitutional
for any reason, then the application, invalidity or unconstitutionality of such
words, phrase, clause, sentence, paragraph, section, article, or other part of
the Agreement shall be deemed to be independent of and separable from the
remainder of this Agreement and the validity of 'the remaining parts of this
Agreement shall not be affected thereby. --��
ENTERED into this 151 -day of .JE .rvrg , 19 ®1 .
ATTEST:
Secretary
ATTEST:
' Secretary(71
r LAIL,
(Landowner)
(Company)
By
(& 4ntEz&i EntGo4E-6-14Comoany)
(Lessee)
By \ f . 4\{ �,`:,\Li
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ATTEST:
ATTEST:
City Secretary
APPROVED: DAY OF , 19
J. BRUCE AYCOCK, CITY ATTORNEY
By
�i%Esq �28/f�i� 46C4Company)
Improveme(its Owner -
\ \ `C).t.\1
CITY OF, CORPUS CHRISTI'
By
Ernest M. Briones, Acting City Manager
Assistant City Attorney
(1) Standard Industrial Classification Manual. (Executive Office of the President -
Office of Management and Budget, Statistical Policy Division, 1972). 659 pp.
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Exhibit A-
LEASE
TO
WEATHERBY ENGINEERING COMPANY
RECEIVE—
n`J,N11J1�(�hitYr
t,\ oFFICEs
THIS LEASE is executed this 1st day of April, 1974, by
and between Nueces County Navigation District No. 1, a political
subdivision of the State of Texas, acting herein by and through
its Navigation and Canal Commissioners duly authorized, called
"District", and Weatherby Engineering Company, a Texas corpora-
tion, called "Weatherby",
WITNESSETH:
For and in consideration of the rents to be paid and
other considerations given by Weatherby herein, District hereby
leases to Weatherby and Weatherby hires from District, the tract
of land hereinafter described as Tract, to -wit:
TRACT A
The leased premises are in the Rincon Industrial
Park, situated on Corpus Christi Beach, Nueces
County, Texas, within the original Brooklyn
Subdivision on Rincon Peninsula recorded on
November 6, 1906, in Volume A, pages 30, 31 and
32 of the Map Records of Nueces County, Texas,
all within the section of said subdivision re-
turned to acreage by the Commissioners Court of
Nueces County, Texas, said action being recorded
in Volume 194, page 538 of the Deed Records of
Nueces County, Texas.
The premises are located 2.1 miles N. 5° E. from
the Nueces County Court House in Corpus Christi,
Texas, and is bounded on the west by a 100 foot
wide road and railroad right of way located mid -
.way between Canals A and B in the Rincon Industrial
Park, on the north by lands of District, on the
east by Canal A, and on the south by lands of Dis-
trict, and is further described by metes and bounds
as follows:
Beginning at the southwest corner of Tract A
(Weatherby Lease) (Rincon Road Station 82+20:09)
located in the east line of a 100 foot wide road
and railroad right of way situated midway between
Canals A and B in the Rincon Industrial Park.
Thencs N. 32° 08' E. along the east line of said
road and railroad right of way, a distance of
550.00 feet to a point for the northwest corner
of Tract A (Weatherby Lease)(Rincon Road Station
87+70.09).
-1-
Thence S. 570 52' E. along the north line 'of
Tract A (Weatherby Lease), a distance of
650.00 feet, to a point in the existing con-
crete bulkhead located along Canal A for the
northeast corner of Tract A (Weatherby Lease).
Thence S. 32° 08' W. along Canal A and east
property line of the District's land in the
Rincon Industrial Park, a distance of 550.00
feet to a point for the southeast corner of
Tract A (Weatherby Lease).
Thence N. 570 52' W. along the south line of
Tract A (Weatherby Lease), a distance of 650.00
feet, to the east road and railroad right of way
line for the southwest corner of Tract A (Weatherby
Lease) and point of beginning; said tract contain-
ing 8.21 acres of land, more or less.
Tract A is shown on District Drawing No. L-1-161(1)
which is attached hereto and incorporated herein
by reference. The above survey is based upon a
bearing of S. 57' 52' E. for Bryan Street in the
original Brooklyn Subdivision on Rincon Peninsula,
and the intersection of the westward tangent ex-
tension of the north right of way line of Burleson
Street with the centerline of Rincon Road being .
Station 46 + 68.76.
TO HAVE AND TO HOLD the premises above described as
Tract A to Weatherby, subject to the conditions and covenants
herein contained, for a period of ten (10) -years, beginning
the 1st day of April, 1974, and ending at midnight on the 31st
day of March, 1984, subject to earlier termination and to ex-
tension as hereinafter provided.
I.
District grants to Weatherby the options to include
as additional land covered by this lease, upon the terms and
conditions hereinafter set out, the lands hereinafter described
as Tracts B and C or the lands hereinafter described as Tracts
C and D, the said Tracts B, C and D being more particularly
described as follows:
TRACT B
Beginning at the southwest corner of Tract B
(Weatherby Lease) (Rincon Road Station 80 + 20.09)
located in the east line of a 100 foot wide road
and railroad right of way situated midway between .
Canals A and B in the Rincon Industrial Park.
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Thence N. 32° 08' E. along the east line of said
road and railroad right of way, a distance of 200.00
feet to a point for the northwest corner of Tract B
(Weatherby Lease) (Rincon Road Station 82 + 20.09).
Thence S. 57° 521 E. along the north line of Tract B
(Weatherby Lease), a distance of 650.00 feet, to a
point in the'existing concrete bulkhead located along
Canal A for the northeast corner of Tract B (Weatherby
Lease).
Thence S. 32° 08' W. alenj; Canal A an:.' east property
line of the District's land
the he „___cr
Park, a distance of 200.00
feet to a`point�for the
southeast corner of Tract B (Weatherby Lease).
Thence N. 57° 52° W. along the south line of Tract B
(Weatherby Lease), a distance of 650.00 feet, to
the east road and railroad right of way line for the
southwest corner of Tract B (Weatherby Lease) and
point of beginning; said tract containing 2..98 acres
of land, more or less.
Tract B is shown on District Drawing No. L-1-161(1)
which is attached hereto and incorporated herein
by reference. The above survey is based upon a bear-
ing of S. 57° 52' E. for Bryan Street in the original
Brooklyn Subdivision on Rincon Peninsula and the
intersection of the westward tangent extension of the
north right of way line of Burleson Street with the
centerline of Rincon Road being Station 46 + 68.76.
TRACT C
Beginning at the southwest corner of Tract C (Weatherby
Lease) (Rincon Road Station 87 + 70.09) located in
the east line of a 100 foot wide road and railroad
right of way situated midway between Canals A and B
in the Rincon_ Industrial Park. •
-Thence N. 32° 08' E.' along the east line of said road
and railroad right of way, a distance of 250.00 feet
to a point for the northwest corner of Tract C
. (Weatherby Lease) (Rincon Road Station 90 +•20.09).
Thence S. 57° 52' E. along the north line of Tract C
(Weatherby Lease), a distance of 650.00 feet, to a
,point in the existing concrete bulkhead located along
Canal A for the northeast corner of Tract C (Weatherby
Lease)
Thence S. 32° 08' W. along Canal A and east property
line of the District's land in the Rincon Industrial,
Park, a distance of 250.00 feet to a point for the
southeast corer of Tract C (Weatherby Lease).
Th _..__ N. 570 52' W. alon.7 the south line of Tract C
(Weatherby Lease), a distance of 650.00 feet, to the
east road and railroad right of way line for the
southwest corner of Tract C (Weatherby Lease) and •
point of beginning; said tract containing 3.73 acres
of land, more or less.
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Tract C is shown on District Drawing No. L-1-161(1)
which is attached hereto and incorporated herein
by reference. The above survey is based upon a bear-
ing of S. 57° 52' E. for Bryan Street in the ori-
ginal Brooklyn Subdivision on Rincon Peninsula,
and the intersection of,the westward tangent exten-
sion of the north right of way line of Burleson Street
With the centerline of Rincon Road being Station
46 + 68.76.
TRACT D
Beginning at the southwest corner of Tract D (Weatherby
Lease) (Rincon Road Station 90 + 20.09) located in
the east line of a 100 foot wide road and railroad
right of way situated midway between Canals A and B
in the Rincon Industrial Park.
•
Thence N. 32° 08' E. along the east line of said road
and railroad right of way, a distance of 200.00 feet
to a point for the northwest corner of Tract D
(Weatherby Lease) (Rincon Road Station 92 + 20.09).
Thence S. 57° 52' E. along the north line of Tract D
(Weatherby Lease), a distance of 650.00 feet, to a
point in the existing concrete bulkhead located along
Canal A for the northeast corner of Tract D (Weatherby
Lease).
Thence S. 32° 08' W. along Canal A and east property
line of the District's land in the Rincon Industrial
Park, a distance of 200.00 feet to a point for the
southeast corner of Tract D (Weatherby Lease).
Thence N. 57° 52' W. along the south line of Tract D
(Weatherby Lease), a distance of 650.00 feet, -to the
east road and railroad right of way line for the south-
west corner of Tract D (Weatherby Lease) and.point of
beginning; said tract containing 2.98 acres of land,
more or less.
Tract D is shown on District Drawing No. L-1-161(1)
which is attached hereto and incorporated herein by
reference. The above survey is based upon_a bearing
of S. 57° 52' E. for Bryan Street in the original
Brooklyn Subdivision on Rincon Peninsula, and the
intersection of the westward tangent extension of
the north right of way line of Burleson Street with
the centerline of "Rincon Road being Station 46 + 68.76.
District has advised Weatherby that Tract B is subject to
an option held by Texas Maritime Industries, Inc. to include
Tract B in its lease which must be exercised by that company on
or before June 30, 1974. The rights herein granted to Weatherby
as to Tract B are subject to such prior option.
. 4-
LEASE
TO
WEATHERBY ENGINEERING COMPANY
(LEASE NO. TWO)
THIS LEASE is executed this 9th day of June, 1975,
by and between Nueces County Navigation District No. 1, a
political subdivision of the State of Texas, acting herein
by and through its Navigation and Canal Commissioners duly
authorized, called "District", and Weatherby Engineering
Company, a Texas corporation, called "Weatherby",
WITNESSETH:
I.
For and in consideration of the rents to be paid
and other considerations given by Weatherby herein, District
hereby leases to Weatherby and Weatherby hires from District,
the tract of land hereinafter described as Tract D, to -wit:
TRACT D (LEASE NO. TWO)
Said leased premises being situated in the
Rincon Industrial Park on Corpus Christi'
Beach, Nueces County, Texas, within the ori-
ginal Brooklyn Subdivision on Rincon Peninsula
recorded on November 6, 1906, in Volume A; page
30, 31 and 32 of the Map Records of Nueces
County, Texas, and lying within the Section of
the subdivision returned to acreage by the
----Nueces County Commissioners Court, said action
being recorded in Volume 194, page 538 of the
Deed Records of Nueces County, Texas.
Said leased premises being located 2.3 miles
N. 5° E. from the Nueces County Court House
in Corpus Christi, Texas, and bounded on the
east by a 115 -foot wide road and. railroad
right-of-way easement (formerly 100 -feet wide)
located midway between Canals A and B in the
Rincon Industrial Park, on the south by un-
leased District land, on the west by the deep
water line of Canal B and on the north by un-
leased District land, and further described by
metes and bounds, as follows:
Beginning at a point, which point is the south-
east corner of Tract D and located in the west
Line of the road and railroad right-of-way
easement opposite Rincon Road Station 85 + 20.09.
-1-
Thence N. 57° 52' W. across District lands
and along the south lease line of this tract
a distance of 635.00 feet to a point on the
west deep water line of Canal B for the south-
west corner of this tract.
Thence N. 32° 08' E. along the east deep water
line of Canal B a distance of 500.00 feet to a
point, which point is the northwest corner of
this tract.
Thence S. 57° 52' E. across District lands an'
along the north lease line of this tract a dis-
tance of 635.00 feet to a point for the north-
east corner of this tract, which point is in
the west 115 -foot wide road and railroad rigit-
of-way easement and located opposite Rincon
Road Station 90 + 20.09.
Thence S. 32° 08' W. along the road and railroad
right-of-way easement a distance of 500.00 feet
to a point of beginning, and containing 7.31
acres of land, more or less.
Tract D of Lease No. 2 is shown on District
Drawing No. L-1-161 (2) which is attached
hereto, and incorporated herein by reference.
The above survey is based upon a bearing of
S. 57° 52' E. for Bryan Street in the original
Brooklyn Addition, and the intersection of a
westward tangent extension of the north right-
of-way line of Burleson Street and the center-
line of Rincon Road being Station 46 + 68.76.
TO HAVE AND TO HOLD the premises above described as
Tract D (Lease No. Two) to Weatherby, subject to the condi-
tions and covenants herein contained, for a period of eight
V/r- (8) years, nine (9) months and twenty-one (21) days, begin-
ning the 9th day of June, 1975, and ending at.midnight on
the 31st day of March, 1984, subject to_earlier termination
and to extension as hereinafter provided.
II.
Weatherby is given and granted the option to extend
the term of this lease as to the premises covered hereby for
an additional term of five (5) years from the 1st day of
April, 1984, to and including the 31st day of March, 1989,
provided Weatherby exercises its option to extend by giving
-2-
r•
WEATHERBY ENGINEERING COMPANY
TRACT E LEASE NO. TWO
Said leased premises being situated in the Rincon Industrial Park on
Corpus Christi Beach, Nueces County, Texas, within the original Brooklyn
Subdivision on Rincon Peninsula recorded on November 6, 1906, in Volume
A, page 30, 31, and 32 of the Map Records of Nueces County, Texas, and
lying within the section of the subdivision returned to acreage by the
Nueces County Commissioners Court, said action being recorded in Volume
194, page 538 of the Deed Records of Nueces County, Texas.
Said leased premises being located 2.3 miles N. 5° E. from the Nueces
County Court House in Corpus Christi, Texas, and bounded on the east by
a 115 foot wide road and railroad right-of-way easement (formerly 100
feet wide) located midway between Canals A and B in the Rincon Industrial
Park, on the south by Weatherby Tract D (Lease No. Two), on the west by
the deep water line of Canal B and on the north by unleased District
land, and further described by metes and bounds as follows:
Beginning at a point and northeast corner of Tract D which 'point is the
southeast corner of Tract E, and located in the wrest line of the road
and railroad right-of-way easement opposite Rincon Road Station 90 +
20.09.
Thence N. 57°52'W. across District lands and along the south lease line
of this tract and the north lease line of Tract D a distance of 635.00
feet to a point on the east deep waterline of•Canal B for the southwest
corner of this tract and the northwest corner of Tract D.
Thence H. 32°08'E. along the east deep waterline of Canal B a distance
of 103.00 feet to a point, which point 'is the northwest corner of this
tract. -
Thence S 57°52'E. across District lands and along the north lease line
of this tract a distance of 635.00 feet to a point for the northeast
corner of this tract, which point is in the west 115 foot wide road and
railroad right-of-way easement and located opposite Rincon Road Station
91 + 20.09.
Thence S. 32°08'W. along the road and railroad right-of-way easement a
distance of 100.00 feet to a point of beginning, and containing 1.46
acres of land, more or less.
Tract E of Lease No. 2 is shown on District Drawing No. L-1-161 (8)
which is attached hereto,- and incorporated herein by reference.
The above survey is based upon a bearing of S. 57°52'E. for Bryan Street
in the original Brooklyn Addition,: and the intersection of a westward
tangent extension of the north right-of-way line of Burleson Street and
the centerline of Rincon being Station 46 + 68.76.
Exhibit A
AGREEMENT CONCERNING INDUSTRIAL DISTRICTS
THE STATE OF TEXAS )
COUNTY OF NUECES )
THIS AGREEMENT made and entered into by and between the
City of Corpus Christi, Texas, a municipal corporation of Nueces
County, Texas, hereinafter called "City", and the Port of Corpus
Christi Authority of Nueces County, Texas, a political subdivi-
sion of the "State of Texas, situated in Nueces County, Texas,
hereinafter called "Authority",
WITNESSETH:
WHEREAS, Ordinance No. 15898, as amended, authorized
the designation of certain land areas in the City's extraterri-
torial jurisdiction as industrial districts; and
WHEREAS, Ordinance Nos. 15949 and 16131 established,
designated, and described certain industrial development dis-
tricts within the City's extraterritorial jurisdiction; and
WHEREAS, lessees of certain lands owned by Authority,
which lands are contained in Corpus Christi Industrial Develop-
ment District No. 1 as described in Ordinance 16131, desire
to participate in the City's industrial district program; and
WHEREAS, the City of Corpus Christi and Authority
desire to facilitate the participation of such lessees in the
City's industrial district program;
NOW, THEREFORE, in consideration of the premises,
mutual agreements of the parties herein contained and pursuant
to the authority granted under the Municipal Annexation Act
(Article 970A of the Revised Civil Statutes of Texas) and the
Ordinances of the City referred to above, City and Authority
hereby agree as follows:
I.
The term of this Agreement shall begin on the first
day of January, 1981, and shall continue until December 31, 1987,
unless extended for additional period or periods of time upon
mutual consent of Authority and City;
II.
The City agrees to establish industrial districts
with lessees of land owned by the Authority upon submission
by each respective lessee, or association of lessees, and appro-
val by the City Council of the City, of a signed industrial
district- agreement, the prescribed form of which appears as
Exhibit 1 to Ordinance No. 15898, as amended.
III.
The Authority agrees and consents to any land it owns
in Corpus Christi Industrial District No. 1 being included in an
industrial district agreement between the City and any Authority
lessees, or association of lessees, as described in Article II
above.
EXECUTED in duplicate originals this the 2. > day
of , 1981.
ATTEST:
APPROVED: this day of
PORTF COR US CHR _T� UTHORITY
OF NUE, ES ,LINTY
•
Mack B. Norris
Its Port Commissioners
CITY OF CORPUS CHRIS , TEXAS
By:
J. BRUCE A,XCOCK, CITY ATTORNEY
Assistant City Attorney, {_i
R. Marvin Tow send, City Mager
, 1981:
1-44144/("s- AurtiONItc..
BY COUt3CIL. 7=-92 -.4)/
SECUtfARY
Corpus Christi, Texas
//, day of
4(
, 1981
TO THE MEMBERS OF THE CITY COUPCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CITY 0 CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
16760